Provisional Order for Restitution objection: Manslaughter

Case Facts: Client charged with manslaughter after killing her former boyfriend who had systematically and brutally assaulted her, including sexual assault. She was psychiatrically affected at the time of the offence.

The sentencing court understood her plight and ultimately she did not have to serve a prison sentence, having been bail refused for a long time.

Since being released from jail, she received a Provisional Order for Restitution in the amount of $50,000 from the family of the deceased.

Case Result: The client consulted an accredited specialist in criminal law with plenty of experience in these types of matters.

A Notice of Objection to the Provisional Order was filed. The grounds of objection included financial incapacity as well as matters relevant to the original offence.

The matter was unable to be resolved by negotiation and went to a recovery hearing. Following that hearing, the client’s order was reduced to zero.

The client was very grateful and sent Christmas cards for years afterwards.

Many people do not understand their rights or the law affecting restitution